BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2765 (Weber) - Proposition 47: sentence reduction ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 19, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 2765 would provide a five-year extension, to November 4, 2022, for a person convicted of a felony that would have been a misdemeanor under Proposition 47, to petition the court for relief, as specified. Fiscal Impact: Trial court workload : Potentially significant cost savings (General Fund*) to the courts in FY 2017-18 due to fewer petitions being filed than otherwise would have occurred under the impending filing deadline in November 2017, followed by a temporary increase in court workload (General Fund*) in FY 2018-19 through November 4, 2022, to review additional petitions for relief. While the extension is likely to temper the surge of petitions that otherwise would have been filed in advance of the November 2017 deadline, this bill is likely to result in a net increase in court workload to review additional petitions during the five-year extension that would not have been filed by the current deadline given the substantial number of cases outstanding (in LA County alone, AB 2765 (Weber) Page 1 of ? it is estimated that up to 800,000 qualifying cases may exist for which petitions have not yet been filed). To the extent the extension serves to reduce the number of good cause hearings that otherwise would have been prompted after the existing filing deadline, would serve to offset in whole or in part the additional court workload generated by new filings during the extension period. State parole : Potential increase in CDCR parole supervision costs (General Fund) to the extent additional persons petition for resentencing and are subject to one year of parole. While a court may release a resentenced defendant from the imposition of parole, it is not required. CDCR has determined that the majority of prison inmates and parolees eligible for resentencing have already petitioned or will file prior to the existing deadline, however, persons convicted of a felony currently under county-level supervision, either PRCS or traditional probation, may still have petitions outstanding. Thus, CDCR may experience an increase in the number of people committed to parole supervision, however, the amount of that increase is unknown. For every 10 additional petitioners subject to parole supervision, costs are estimated at $150,000 per year, based on the average supervision cost per parolee under Proposition 47 to date. Local agencies : Potential future cost savings in averted local supervision costs (Local Funds) resulting from a potential increase in the number of resentencing petitions filed through the extension period, resulting in a greater number of persons serving less time under county supervision. Additionally, significant near-term workload relief for district attorneys and public defenders working under the impending filing deadline. *Trial Court Trust Fund Background: Proposition 47, which was approved by voters in November 2014, made significant changes to the state's criminal justice system, including reducing the penalties for certain non-violent, non-serious drug and property crimes from felonies or alternate felony-misdemeanors (wobblers) to misdemeanors, and requiring that the resulting state savings be deposited into a new special fund to be spent on mental health and substance use services, truancy and dropout prevention, and victim services. Proposition 47 also authorized defendants serving sentences for AB 2765 (Weber) Page 2 of ? felonies that would have been misdemeanors under Proposition 47 had it been in effect at the time of the offenses to petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing. (Penal Code § 1170.18 (a).) Additionally, a person who has completed his or her sentence for a conviction of a felony who would have been guilty of a misdemeanor under Proposition 47 had it been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction designated as a misdemeanor. Unless requested by the applicant, no hearing is necessary to grant or deny an application. (Penal Code § 1170.18 (f), (h).) Existing law provides that any petition or application under this section shall be filed within three years after the effective date of the act that added this section or at a later date upon a showing of good cause. (Penal Code § 1170.18 (j).) Under existing law, a person who is resentenced shall be given credit for time served and shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole. Such person is subject to Section 3000.08 parole supervision by the CDCR and the jurisdiction of the court in the county in which the parolee is released or resides, or in which an alleged violation of supervision has occurred, for the purpose of hearing petitions to revoke parole and impose a term of custody. (Penal Code § 1170.18 (d).) Proposed Law: This bill would provide an extension to November 4, 2022, for a person to file a petition or application for relief with the court, or at a later date upon showing of good cause. Related Legislation: SB 826 (Committee on Budget and Fiscal Review) AB 2765 (Weber) Page 3 of ? Chapter 23/2016 includes $21.4 million (General Fund) to address increased trial court workload associated with voter approval of Proposition 47. This second year of funding is $13.8 million more than originally estimated for 2016-17. Proposition 47, 2014 November General Election, requires misdemeanor rather than felony sentencing for certain property and drug crimes and permits inmates previously sentenced for these reclassified crimes to petition the court for resentencing. Staff Comments: By extending the time period within which defendants impacted by the provisions of Proposition 47 may petition the court for resentencing or reclassification, this bill is likely to result in a net increase in petitions for relief submitted to the courts. While extending the deadline will likely result in a reduction in court workload in 2017-18 from the level that would have been experienced under the impending November 2017 filing deadline, the courts could experience a temporary workload increase in each year 2018-19 through November 4, 2022, inclusive, to review filings that otherwise would have been filed prior to the November 2017 deadline or that may not have been filed at all for (1) reclassifying the convictions of such offenders who have already completed their sentences, and, (2) resentencing offenders who were serving sentences for crimes reduced from felonies to misdemeanors under the measure. According to the Proposition 47 Data Summary Report (Judicial Council, Criminal Justice Services), from November 2014 through March 2016 (17 months), nearly 236,000 petitions for resentencing and reclassification had been filed based on data reported by the counties. The potential net increase in the number of filings statewide, while finite, is unknown, but estimated to be substantial. Based on information received from the counties, in Los Angeles County alone, up to 800,000 qualifying cases may exist, and in San Diego County, up to 200,000 qualifying cases may exist, that have yet to file a petition. To the extent the extension serves to reduce the number of good cause hearings that otherwise would have been prompted after the AB 2765 (Weber) Page 4 of ? existing filing deadline would serve to potentially offset in whole or in part the additional court workload generated by new filings during the extension period. The number of hearings averted, and the timing of those hearings, however, cannot be known with certainty. Existing law requires a person who is resentenced to be given credit for time served and subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole. The CDCR has determined that the majority of prison inmates and parolees eligible for resentencing have already petitioned or will file a petition prior to the existing deadline, however, persons convicted of a felony currently under county-level supervision, either post release community supervision (PRCS) or traditional probation, may still have petitions outstanding. As a result, the CDCR may experience an increase in the number of people committed to parole supervision, however, the amount of that increase is unknown. For every 10 additional petitioners subject to parole supervision, costs are estimated at $150,000 per year, based on the average supervision cost per parolee under Proposition 47 to date. At the local level, in conjunction with the potential impact to CDCR parole noted above, local agencies could experience cost savings in averted supervision costs under PRCS and probation for persons filing petitions for resentencing during the extension period, resulting in a greater number of persons serving less time under local agency supervision. Additionally, district attorneys and public defenders would experience significant near-term workload relief provided by the five-year filing extension. -- END --